This Comment will show that the Board's policy of stringent review of the substantive terms of formal settlements is contrary to the purpose of the NLRA. The policy discourages and causes rejection of settlement agreements. In addition, the policy is inconsistent with the negotiation process and with other Board policies. As an alternative to its present policy of stringent substantive review, this Comment proposes that the Board implement a procedural fairness standard of review. This proposed standard would further the purposes of the NLRA and would provide for a realistic degree of review in terms of the negotiation process. Moreover, the Board could more efficiently process its caseload and parties would have greater freedom to settle unfair labor practice disputes.
Andrew F. Fuller,
The NLRB and the Negotiation Process: A Proposal for a Procedural Fairness Standard of Review for Unfair Labor Practice Settlements,
62 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol62/iss1/5